Served Full Notice Period But The Organization Is Not Relieving

As an entitled employee i made an medical reimbursement claim after few weeks i resigned. resignation acceptance was given. with just 2 days to complete my full notice period as mentioned in the offer letter i received a mail from my manger saying my separation from the company is put on hold because your reimbursement claim is under investigation so you cannot leave until its concluded. now i have to join my new company next week. what steps or action should i take against my organization. pls help. i am running out of time!

Dear Rajee,
You may ask them that if incase there is any issue regarding the settlement you would be available for answer and same you intimate to your new employer that there is a query regarding a claim so they may approve your leave when you needs to go.
Else you may also request your present management that if there is any difference in amount proved, you are ready to settle it in your full and final amount.(if the salary amount is near about the claimed amount)
This may be a solution.
--
Regards,
Hardik

Hello rajee46,
How much[amount] was the Claim for?
One way is to write back that you wish to forego the amount & ask for relieving as per rules of the company--3 months. If it's a small amount, this could be a better way.
If the amount is large, suggest talk to an advocate & give them an Affidavit that you will make good the difference of your figure & what they finally arrive at. Usually an Affidavit is permissible in courts--so they can't say no.
However, pl note that this is ASSUMING that what the company says about your claim being 'under investigation' IS FALSE & you didn't do anything wrong/illegal. If not, the company can move the court & you will land into a bigger mess.
Reg Hardik's suggestion to inform your new Employer, I am not so sure it's wise to do--what if they checkout with your present company & are told something false? Inform them anything on a need-to-know basis.
Rgds,
TS

Thanks to both of you.
Hardik: its an reimbursement claim...i am suppose to recieve money. my company HR is being very rude and not helping me out. i feel tht it is motivated.
Ts: my cliam is absolutely geniune whatever bills i got form the hospital i submitted the same. the claim is for
rs 90000/-.
my company policy clearly states that to change the last working day or reversing the separation thay nee to get an agreement from the employee. in my case that did not happen.
my question is should go ahead shoot mails to the executives lin the top magt or should i send them a lawyer's notice. but by doing this will i get delayed in joing the new company?
and i do not know what this investigation is all about. i am asking the HR but they are not giving me any sort of clarity. and they are not even confirming how long i have to stay back in the company.

Hello rajee46,
90K is not a small amount.

Did you check with the hospital if anyone from your company has been in touch with them? Obviously, the hospital will have to be contacted for any inquiry/investigation. That way, you will know 2 aspects of your situation:
1] Whether your HR is faking the reason or is the investigation genuine.
2] If genuine, you should be able to get the details of what this investigation is all about [depending on how you ask them].
Your next step will depend a lot on the inputs you gather from here.

Next, talk to the new company & buy more time--say a couple of weeks [maybe they may bargain for a week or so]--but you will have to SOUND CONVINCING with your reasons--you can tell them that your relieving has been delayed & you are pushing, WITHOUT telling them the actual reason. Pl note that this has to be handled tactfully, since there is every chance that the HR there COULD get a doubt that you are buying time to join elsewhere.

Next, talk to a lawyer to draft an Affidavit, explaining the reason why you want it. Whether you finally use it or not is not the issue. If you have it ready in-hand, you will not loose any further time. And also, depending on what info you gather from the hospital, you could discuss the next course of action too [especially if the 'so called investigation' turns out to be false].

And, needless to mention, the members of CiteHR are always available to give their best possible well-meant suggestions.

AND ALSO, FOR NOW, pl desist from discussing anything with your HR or others in your present company--just 'let it be'. Once they notice your silence, someone from HR is sure to ask you 'why'--just laugh it off & hold all your cards close to your chest. Until you have all the inputs in-hand.

All the Best.

Rgds,
TS

Dear Rajee,
I am agree with TS's suggestion.
I would like to add one more thing that as this things are going on you might feel frustrated but just calm yourself which would help you to take right decision.
Take everything positively.It is a learning.
Please share your your result/Experience as well so it may help others.
All the best.
--
Regards,
Hardik

Thanks once again to both of you. You've been really helpful.

TS: In fact, I have contacted the hospital and found out from the working staff theat there were a bunch of doctors from the insurance company who visited the hospital for verification three times. From what I was told, the doctor who treated my father, explained the whole case history and told insurance guys everything was fair and genuine. Inspite of that, I believe that these insurance people asked some stupid questions (how much was his share in the claim) to the doctor (very senior and reputed doctor). It seems he lost his cool and blasted them saying you dont read the discharge summary well and ask such dumb questions. And these guys left with a sad face. so, i think with that grudge they would have misrepresented the facts and given a false report to my company and may be that is what this investigation is all about.

I do not have any sort of relationship with this doctor. And i am very sure that i havent done anything wrong and my claim is geniune.

so, any thoughts??

Hello rajee46,
What "any thoughts??"? Only one.
Just go straight to your lawyer & explain the situation & background.
First try the Affidavit route--not that it has any big chances of success, if my hunch is right. This is just to give your company a chance NOT to blame you later. If good sense prevails, they would correct the situation.

Also, talk to your lawyer in terms of issuing a Notice. Usually, that would be sufficient without the issue landing up in a court--since everyone knows the timeframes involved. Moreover, from the company's perspective, the bad publicity would be a deterrent of letting things go out-of-hand. Also, ask your lawyer to mention about approaching the media & Consumer Forum--whether you do it or not isn't the issue--just let the company know that you are now that you are now PULLING OUT ALL STOPS & keeping all options open.
See if you can get any document/letter/certificate from your Doctor to support your stand [go as per your lawyer in this respect]. Also, see if you can make the Insurance Company a party--would put pressure for them to resolve the issue faster I guess.

BTW, how large is your present company? If it's not very large, they would in all probability come around fast.

Also, I hope you have covered your back with the new company.....

All the Best.

Rgds,
TS

Ts: Thanks so much !!

My present company is one of the largest IT company's in the world. so, the possibility of coming around fast is less.

I can ask for an extension from the new company only if these guys give me some kind of time frame. without that

I think I am tightening the noose myself. moreover i dont think they will give an extension.

The way i am looking at it now is, none of my company policy anywhere says without my consent they cannot force me to stay back. may be they will let me go on the last day(i am hoping) by creating some kind of tension till the last minute so that i may forego the cliam because my company pays for this claim.

If my present company for whatever reasons they make me stay back then i will continue as an enmployee get this sorted out, look out for another opportunity and come out from there.

the person who is investigating this is some senior guy in my company. he is just trying to show his muscle because this matter has been escalated to his boss maybe...

Irony is, i slogged myself for this company and i am the top performer i did not get hike and promotion for which i am due because i resigned it seems.

may god be with me!

Hello rajee46,
I get the full picture now.
What you mentioned is surely one option.
Since the company is a large one, chances of coming around fast is remote--like you mentioned.
Assuming that you don't get relieved [have seen it happen--pitiably some companies assume that once they screw-up an opportunity, the employee will stay back permanently], pl ensure you DON'T focus/follow-up too much on the investigation--else the HR will see thru your PoA. Hope you get what I mean.
Also, pl desist the natural human urge to contribute LESSER to your role/job until you ACTUALLY leave.
Also, looking @ this situation from another angle, just bear in mind that 'whatever happens, despite our best efforts to the contrary, will ALWAYS turn out to be for our Good--in the long-term'. I have seen it happen many times with many people.
All the Best.
Rgds,
TS